gov ch 8-10 test

Question 1

Are our rights absolute?

Answer 1

No
- cases such as yelling bomb in an airport, or fire in a movie theater, etc

Question 2

What’s the first amendment?

Answer 2

Freedom of Religion, Speech and the Press: The Right to Assemble and Petition

Question 3

What’s the second amendment?

Answer 3

The Right to Bear Arms

Question 4

What’s the third amendment?

Answer 4

Housing soldiers/quartering soldiers

Question 5

What’s the fourth amendment?

Answer 5

Searches, Seizure and Warrants
- search warrants, probable cause

Question 6

What’s the fifth amendment?

Answer 6

• Persons cannot be made to testify against themselves in a criminal trial.
• cannot be tried for the same crime twice
• peoples property cannot be taken away

Question 7

What’s the sixth amendment?

Answer 7

Rights to a Fair Trial
-right to speedy/public trial
- jury
-right to lawyer
-no double jeopardy
-> one try to convict someone thats it

Question 8

What’s the seventh amendment?

Answer 8

Rights in a Civil Trial

Question 9

What’s the eighth amendment

Answer 9

no excessive fines/bails or cruel/unusual punishments

Question 10

What are civil rights

Answer 10

rights of fair and equal status and treatment and the right to participate in gov
- right to vote, protection against discrimination

Question 11

what are civil liberties

Answer 11

basic freedoms
- protection of gov,
- speech, guns, religion, etc

Question 12

14th amendment

Answer 12

caused the bill of rights to slowly start applying to all states

Question 13

what amendment is the due process clause under

Answer 13

the 14th (no state shall deprieve any person of life liberty or property w/o due process of law”
- bill of rights applies to all states

Question 14

what is the establishment clause

Answer 14

gov cant create an official religion
- sep of church and state

Question 15

what is free exercise clause

Answer 15

guarantees each person the right to hold any religious beliefs they choose

Question 16

does the free exercise clause have limits

Answer 16

yes - polygamy, illegal drugs, etc)

Question 17

Does the gov tend to ban hate speech

Answer 17

no (kkk ex)

Question 18

written name for defamation

Answer 18

libel

Question 19

spoken name for defamation

Answer 19

spoken

Question 20

defamation

Answer 20

publishes false statements abt someone to ruin their rep
- has to be w “actual malice”

Question 21

what case can speech be unprotected

Answer 21

speech inciting immediate and likely lawless action

Question 22

limits to protesting

Answer 22

• cant break law and cant be on private prop
• need permit, cant make excessive noise

Question 23

what is exclusionary rule

Answer 23

evidence obtained illegally and cannot be used PERIOD

Question 24

exceptions to search warrants

Answer 24

consent, plain view, arrested person, reasonable suspicion

Question 25

what is the right to privacy inferred from

Answer 25

1, 3, 4, 5 amendment

Question 26

procedural due process

Answer 26

questioning legal procedures (did the police, court, gov follow correct steps_

Question 27

substantive due process

Answer 27

questioning if what law says is fair (supreme court overturning laws they saw law is unfair)

Question 28

civil law

Answer 28

private disputes between people, over property, or relationships

Question 29

criminal law

Answer 29

deals w/ crimes and their punishments (law was broken)

Question 30

what can the gov force you to give when arrested

Answer 30

blood or fingerprints

Question 31

Miranda rights

Answer 31

5th amendment, dont have to self incriminate or testify in court

Question 32

habeas corpus

Answer 32

gov cant hold u in jail indefinitely, must go to a judge and be charged w a crime or they have to let u go